Clocking in with geolocation at work, is it legal?

5 of June, 2025

Since the Time Control Law came into force in May 2019, the way of clocking in has changed. And one of the most significant changes has been clocking in with geolocation. A practice that increasingly more organizations demand from their employees.

However, this raises some doubts among workers.

To be able to clock in with geolocation, they must first install a time control app with geolocation on their mobile.

The Time Control Law should be added to the boom in remote work. As a result of the pandemic, more and more workers are working from home. This remains even with the return to the office.

What is clocking in with geolocation

Geolocation clocking in is nothing more than a conventional clocking in, with the bonus that it is geolocated.

In other words, the company can know from where the worker has clocked in. It can establish a perimeter for clocking in or limit it to certain IP addresses in order to prevent fraud.

Clocking in with geolocation involves the use of positioning technologies, such as GPS, to record the time and place from where an employee starts or ends their workday. This system is usually implemented through mobile applications that workers must use to clock in at the beginning and end of their workday.

Geolocated clocking-in features:

Entrance and exit record: captures the exact time and location.
Break control: monitors breaks for lunch or rest.
Detailed reports: generates reports on location and hours worked.
Alerts and notifications: sends reminders to clock in and notifications in case of clocking outside the permitted area.

Another option that companies have is to authorize free clocking in from any place. In this case, the point where the employee has clocked in is recorded, knowing where professionals start and end their day. Especially for those like salespeople who cover long distances on a daily basis.

👉 To simplify the process, you can always opt for mobile app clocking in. At Sesame HR, we will accompany you throughout the process.

Can they force me to clock in with geolocation?

The answer to the question is a resounding yes. Legally, the company can force us to clock in with geolocation. However, not everything is allowed.

One of the most frequent doubts among workers is how this affects their privacy. And it is precisely here that the most delicate issues arise.

Workers’ rights cannot be violated at any time.

In addition, they can deactivate geolocation outside their working hours. The fact of clocking in with geolocation is accompanied by a series of conditions:

The worker will be informed. They must be aware that they can be geolocated at any time during their working hours, and their movements can be logged. They must also know that geolocation allows for task control. If they do not fulfill them, they can be sanctioned.
Justifying the need. The company must justify the need for the use of geolocation, showing that it is the most appropriate method for controlling working hours.
Geolocation is limited to the working day. Employers cannot geolocate their workers once their working day has ended, on weekends, holidays, etc.
Privacy policy. The company must have a privacy policy detailing the processing of geolocation data.
More moderate alternatives. Geolocation clocking-in will only be used when the company considers that it offers more advantages than inconveniences. If there are less invasive alternatives with the employee’s privacy that offer the same result, they will be preferred.

Although there are legally no restrictions, the company should agree on the clocking-in system with the workers.

This premise is valid for any clocking-in system, but it becomes especially relevant when clocking in with geolocation. It is necessary to explain well the reasons that lead to adopting this model.

Data protection in geolocated clocking in

Another thorny issue when clocking in with geolocation is data protection. Make sure to choose a clocking-in system that respects the Data Protection Law.

Key data protection principles:

Data minimization: only the data necessary for the specific purpose of time control should be collected.
Transparency: employees should be informed about what data is collected, how it is used and for how long it is stored.
Security: companies need to implement appropriate security measures to protect data from unauthorized access and cyber attacks.
Employee rights: employees have the right to access, rectify and delete their personal data, as well as to object to their processing in certain circumstances.

A human resources software like Sesame HR helps us clock in with geolocation in a completely safe way.

We cannot ignore that the Time Control Law requires keeping the record of the working day for 4 years. However, geolocation data should not be stored for more than two months.

In case they allow proving something for which there is no other evidence, they can be stored for up to a year.

It is also important to know -and to inform the workers- that data can be transferred to external professional collaborators.

This includes from the company’s labor or tax advisor to mutual or occupational risk prevention companies. Also the Treasury, the Ministry of Labor or other public administrations.

Can they force me to install the time control app with geolocation on my mobile?

Beyond the implications of clocking in with geolocation, there is the issue of the device used.

In those cases where the worker has a company phone, the time control app with geolocation will be installed on it. The organization will not be able to demand that it be installed on the worker’s personal devices.

Legal considerations:

Device ownership: forcing employees to install an app on their personal devices can be seen as an intrusion into their privacy. It is more acceptable when the device is owned by the company.
Consent: the company must obtain the employee’s consent to install the app on their personal device.
Compensations: in some cases, the company may offer compensations or provide specific devices for work that already include the geolocation app.
Alternatives: it is advisable to offer alternatives for those employees who do not wish to install the app on their personal devices, such as the use of clocking-in terminals in the office or devices provided by the company.

However, this is not usually the norm. If there is no company phone, the app will have to be installed on the personal device.

The mobile, tablet or computer will be the one that is used to clock in with geolocation. As we have said, this will be a decision agreed between the parties.

👉 Find out how you can implement all these clocking-in devices with Sesame HR. Test a demo of time control with our tools!

Advantages of clocking in with geolocation

By now, you might be wondering why companies are interested in clocking in with geolocation.

Undoubtedly, the most notable is preventing fraud. We ensure that employees really clock in from their workspace and do not do it, for example, on their way to the office.

Also in the cases of remote work, it ensures that the employee works from home or from the appropriate place. It is a way to optimize the workday, and the possibility of failing to clock in is scarce.

It will be very rare that any error occurs, beyond human errors like forgetting to clock in.

Using it is very simple, and allows companies to integrate clocking in with time control. Every time the worker clocks in, the time registry is activated.

Thus, organizations have it easier when offering labor flexibility. The information is recorded in the time control software, and the company fulfills its obligations.

The fact of geolocating workers also allows knowing the profitability of work. For example, we will know how much time a worker spends in a certain area or area.

In this way, we can calculate the profitability in certain areas to decide whether it is worth focusing on them or looking for alternatives.

Advantages for companies:

Improvement in efficiency: allows precise tracking of worked time and location, reducing errors and fraud.
Detailed reports: facilitates generating detailed reports on productivity and time management.
Legal compliance: helps to comply with labor regulations on time control.
Remote management: ideal for employees working in different locations or remotely, facilitating time management.

Advantages for employees:

Transparency: offers transparency in recording worked hours, ensuring that all hours are correctly registered.
Flexibility: can facilitate remote work or work from different locations.
Simplicity: simplifies the clocking-in process, avoiding the need to be physically present at a specific place to clock in.
Protection of rights: helps protect the employee’s labor rights by providing a clear record of hours worked.

As you can see, clocking in with geolocation is easy. You just have to install a tool like Sesame HR that guarantees efficient and legal-free clocking in. If you want to know more about the topic, don’t miss the related content on the Sesame blog.

Professional with over 20 years of extensive experience in various areas of Human Resources (Recruitment, Training, Occupational Risk Prevention, and Personnel Management). Experience in the Management Department: Broad understanding of the company and HR.

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cristinamartin

HR Content Specialist